SECTION 281.35. Temporary Suspension or Restriction

(a) In accordance with §§565.059 and 568.0037 of the Act, and §2001.081 of the Administrative Procedure Act, Title 10, Chapter 2001, Government Code, the determination of the disciplinary panel may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on information necessary to ascertain facts not reasonably susceptive of proof under those rules, not precluded by statute, and of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs.

(b) Questioning of witnesses by the parties or panel members shall be permitted in the discretion of the chair of the disciplinary panel with due consideration being given to the need to obtain accurate information and prevent the harassment or undue embarrassment of witnesses.

(c) In receiving information on which to base its determination of a continuing threat to the public welfare, the disciplinary panel may accept the testimony of witnesses by telephone in the discretion of the chair of the disciplinary panel.

(d) Hearings before disciplinary panels convened under §§565.059(b)(1) and 568.0037(b)(1) of the Act are not recorded unless the respondent requests such a recording in writing at least 5 days before the hearing. If requested in a timely manner, the board will arrange for the presence of a court reporter to make the recording. The respondent shall be responsible for the cost of the court reporter, the recording, and any written transcript requested by the respondent.

(e) Minutes of the hearing will be made and maintained by the board. The board will provide a copy of the minutes to the respondent upon request.

Source Note: The provisions of this §281.35 adopted to be effective June 18, 2020, 45 TexReg 4033